impaneling of a Special Grand Jury
§ 19.2-206. When impanelled.
gives THREE ways a Special Grand Jury MAY be impanelled by GOVERNMENT “actors”: (1)by the Circuit Court on its own motion (not stated, but presumably by the Chief Judge), (2) by aminority vote of the Regular Grand Jury with Probable Cause added by the Presiding Judge (stillinvolving a government actor), and (3) by request of the attorney for the Commonwealth. TheFOURTH WAY, (4) when CITIZENS act to have a MAJORITY of the Regular Grand Jury votein favor, a Special Grand Jury
means MUST BE DONE.NOTE: The (2) sub-paragraph clause of
§ 19.2-191. Functions of a grand jury.
about criminalactivity “by any governmental authority, agency, or ofﬁcial thereof” harkens back to the originalpurpose of the Grand Jury, to serve as the
“Shield and Sword”
of the Citizen, to “justify therighteous”
(NOT a True Bill) and “condemn the wicked”
(True Bill) in relation toaccusations brought by the “King” or “Government”, as the attorney for the Commonwealth.
Given that Common Law tradition and the fact that the Common Law is by Code of Virginia section
§ 19.2-220. Contents of indictment in general.
incorporated into the Code of Virginia, where the Code states:In describing the offense, the indictment or information
may use the name given to the offense by the common law
the indictment or information may state so much of the common law
or statutory deﬁnition of the offense as is
sufﬁcient to advise what offense is charged
.Here is stated that a Code of Virginia section number such as
,is not a requirement fora Grand Jury to indict, but rather a Common Man’s Common Law description of the crime,
use of a ﬁrearm in the commission of a robbery
. This code section shows that the Common Citizen, not just “law enforcement professionals” with the knowledge of specific code sections of the law, maypresent to the Grand Jury their knowledge or information about criminal activity in the community,using Common Law descriptions, so the Regular Grand Jury may indict directly following therequirements of Virginia Code
§ 19.2-221. Form of prosecutions generally; murder andmanslaughter.
; or report the criminal activity for an indictment to be prepared by the attorney forthe Commonwealth; or by a majority vote, SHALL impanel a Special Grand Jury to investigate.